Daughter of Cheranallur accident victim files review petition in Kerala High Court

The daughter of the individual who died in the Cheranallur accident has filed a criminal review petition in the Kerala High Court. According to a report by The Hindu, Bhadrakirthi R.J. has challenged the order passed on 5 November by the Ernakulam Additional District and Sessions Judge (Children's Court). Through this order, bail was granted to a minor child in conflict with the law.

This legal battle is linked to a tragic accident that occurred on 25 October. According to the report, a luxury car driven by the minor son of a judicial officer collided heavily with Jayabalakrishnan's two-wheeler, resulting in his death. Following the grant of bail to the minor after the incident, Bhadrakirthi has approached the High Court.

In her application, Bhadrakirthi has argued that the Children's Court verdict is clearly illegal and contrary to law. She stated that the court failed to consider the mandatory statutory exceptions contained in the proviso to Section 12(1) of the Juvenile Justice Act, 2015. In her view, the court ignored the fact that the gravity of the offence and the loss of human life must be considered while granting bail.

The application further states that if releasing the minor would 'defeat the ends of justice' or 'place the child at moral, physical or psychological risk', then denying bail is legally mandatory. Bhadrakirthi argued that in cases of culpable homicide resulting from vehicle negligence under Section 105 of the Bharatiya Nyaya Sanhita, releasing the minor erodes public confidence in the rule of law and directly defeats the ends of justice.

Jayabalakrishnan died in this accident, the investigation and legal proceedings of which are currently ongoing.